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Olivistar v. Oregon Scientific

Olivistar v. Oregon Scientific

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. None: Olivistar, LLC v. Oregon Scientific, Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-lamf for more info.
Official Complaint for Patent Infringement in Civil Action No. None: Olivistar, LLC v. Oregon Scientific, Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-lamf for more info.

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Published by: PriorSmart on Apr 24, 2014
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04/24/2014

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 P
LAINTIFF
S
O
RIGINAL
C
OMPLAINT
 P
AGE
1
 
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
OLIVISTAR, LLC
 Plaintiff, v. OREGON SCIENTIFIC, INC. Defendant. CIVIL ACTION NO. 2:14-cv-542 JURY TRIAL DEMANDED
PLAINTIFF’S
ORIGINAL COMPLAINT
 Plaintiff Olivistar 
, LLC (“Plaintiff” or “
Olivistar 
”), by and through its undersigned counsel,
files this Complaint against Defendant Oregon Scientific, Inc. (
Oregon Scientific
) as follows:
NATURE OF THE ACTION
 1.
 
This is a patent infringement action to stop Defendant’s infringement of Plaintiff’s
United States Patent No. 7,944,469
entitled “
System and Method For Using Self-Learning Rules to Enable Adaptive Security Monitoring
” (the “’469
 
 patent”; a copy of which is attached hereto
as Exhibit A). Olivistar is the owner by assignment of the
469 patent. Olivistar seeks injunctive relief and monetary damages.
PARTIES
 2.
 
Plaintiff Olivistar, LLC is a limited liability company organized under the laws of the State of Texas. Plaintiff maintains its principal place of business at 2150 S. Central Expressway, Suite 200, McKinney, Texas 75070. 3.
 
On information and belief, Defendant Oregon Scientific, Inc. is a Oregon company with its principal place of business at 10778 SW Manhasset Dr., Tualatin, OR, 97062. Oregon Scientific may be served through its agent for service of process Ball Janik Service Company, 101 SW Main Street, STE 1100, Portland, OR 97204.
 
 P
LAINTIFF
S
O
RIGINAL
C
OMPLAINT
 P
AGE
2
 
JURISDICTION AND VENUE
 4.
 
This action arises under the patent laws of the United States, 35 U.S.C. §
et seq.
, including 35 U.S.C. § 271, 281, and 284-85, among others. This Court has subject matter  jurisdiction over this case for patent infringement under 28 U.S.C. §1331 and §1338(a). 5.
 
The Court has personal jurisdiction over Defendant because: Defendant is present within or have minimum contacts with the State of Texas and the Eastern District of Texas; Defendant has purposefully availed itself of the privileges of conducting business in the State of Texas and in the Eastern District of Texas; Defendant has sought protection and benefit from the laws of the State of Texas; Defendant regularly conducts business within the State of Texas and
within the Eastern District of Texas; and Plaintiff’s cau
ses of action arise directly from
Defendant’s business contacts and other activities in the State of Texas and in the Eastern District
of Texas. 6.
 
More specifically, Defendant, directly and/or through authorized intermediaries, ships, distributes, offers for sale, sells, and/or advertises products and services in the United States, the State of Texas, and the Eastern District of Texas including but not limited to the Accused Instrumentalities as detailed below. Defendant solicits customers in the State of Texas and in the Eastern District of Texas. Defendant has paying customers who are residents of the
State of Texas and the Eastern District of Texas and who use the Defendant’s products and
services in the State of Texas and in the Eastern District of Texas. Defendant derives substantial revenue from goods and services provided to individuals in Texas and in this district. 7.
 
Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. §§1391 and 1400(b). On information and belief, Defendant has transacted business in this district, and has directly and/or indirectly committed and/or induced acts of patent infringement in this district.
 
 
 P
LAINTIFF
S
O
RIGINAL
C
OMPLAINT
 P
AGE
3
 
COUNT I
 – 
 INFRINGEMENT OF U.S. PATENT 7,944,469
8.
 
Olivistar refers to and incorporates herein the allegations of Paragraphs 1-7 above. 9.
 
The ‘
469 patent was duly and legally issued by the United States Patent and Trademark Office on May 17, 2011
, after full and fair examination. The ‘
469 patent is in full
force and effect. Plaintiff is the owner by assignment of the ‘
469 patent and possesses all rights
of recovery under the ‘
469 patent, including the exclusive right to sue for infringement and recover past damages. 10.
 
Defendant owns, operates, advertises, controls, sells, and otherwise provides
systems that infringe the ‘
469
 patent. The ‘
469 patent provides, among other things, a
method for processing device data comprising: (1) obtaining device data corresponding to one or more monitoring devices; (2) comparing the monitoring device data to a set of previously collected device data; and (3) generating an output if the monitoring device data substantially deviates from the set of previously collected monitoring device data; (4) wherein the monitoring device data is stored in tables that include dimensions and measures, wherein the monitoring device data stored in the tables is updated periodically to reflect desired norms within a given dimension, and wherein the monitoring device data is compared to the desired norms to determine a rule violation.
 11.
 
Defendant directly or through intermediaries, made, had made, used, imported,  provided, supplied, distributed, sold, and/or offered for sale products and/or systems and methods for using self-learning rules to enable adaptive monitoring that infringed one or more claims of
the ‘
469 patent in this district and elsewhere in the United States. Particularly, Defendant makes, uses, provides, offers for sale, and sells their product entitled Oregon Scientific Dynamo Activity Tracker
(“Accused Instrumentality”) which directly and/or indirectly infringes the
 
469 patent.

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